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HomeMy WebLinkAbout07-17-84July 17 , 1984 ~ ~~'~ Minutes of the regular meeting of the Pulaski Town Council held July 17, 1984, at 7:00 p.m. in the Council Chambers in the Municipal Building. There were present: Mayor Raymond F. Ratcliffe, presiding Councilmembers: John A. Johnston, Robert N. Glenn, James M. Neblett, C. E. Boyd, Jr., James R. Neighbors, Mary Lou Copenhaver, Glen K. Aust Also present: Frank Terwilliger, Town Attorney D. E. McKeever, Town Manager Ruth A. Harrell, Clerk Visitors: Dee Lindsey and Eric Randall of the news media Vicki Futrell Five area citizens The invocation was given by Councilman Boyd. The minutes of the regular meeting of July 3, 1984, were approved as published. Mayor Ratcliffe advised that as published now was the time and place to have a public hearing on mobile home application of Victor R. Harrell. Mr. McKeever advised that Mr. and Mrs. Harrell have made an application to PUBLIC place a mobile home at 831 Pepper Street, also known as lots 27 and 28, section HEARING 100 on the tax maps. The lot is 11,590 square feet and in a R-2 Residential VICTOR HARRELL zone with Town water and sewer available. He further stated this was the second MOBILE request to place this mobile home on this lot and at the Council Meeting of May HOME APPLIC. 15, 1984, the application was denied due to neighbors objecting. Mr. McKeever distributed a petition he had received listing 13 names objecting to the placement of this trailer. Mayor Ratcliffe asked Mr. rcKeever for his recommendation, with Mr. McKeever stating that in the past, if they met all building and zoning require- ments, the Staff has recommended that application be approved. Councilman Boyd stated it had been the practice of Council that when objections had been received, especially of adjacent property owners, that they deny the request. Mr. R. I. Brown, attorney, representing Messrs. Cain and Harrell, advised property was suitable for a mobile home, Town had not been receiving any revenue from this property for about 50 years and putting mobile home on this property would produce revenue for the Town. He further stated this was the first oppor- tunity Mr. Cain had had to sell this property, and placement of this trailer would make a contribution to the Town and to the area. Mr. Brown advised there were other mobile homes on this street, and requested Council to approve this applica- tion. Councilperson Copenhaver questioned if Mr. Harrell would pick up the back taxes on this property with Mr. Brown replying that back taxes would be paid to the Town and to the County. Mr. Paul Carnell, adjacent home owner, addressed Council in opposition to placement of this mobile home, stating they felt they would lose the value of their property; no one lives in the Phillips trailer, and they do not want a mobile home at this location. Mr. William Grubb advised Mr. Harrell should set his trailer in a trailer park. Mr. Brown questioned Messrs. Carnell and Grubb as to how they would know it would affect the value of their property, with Mr. Grubb replying that value of houses goes up while value of trailer goes down. Councilman Neighbors advised that based on the facts they have heard, he made a motion the application for trailer be turned down, there are 13 signatures of tax paying people who have in the past 50 years paid taxes on their property. Also ~s~~ HARRELL APPLIC. DENIED July 17, 1984 based on section 27-3F which states there will be no appeal to the decision and this has been turned down once. Also based on 27-3G states we should be concerned with the attitude of the citizens in the area. Motion seconded by Councilman Boyd. Motion carried on the following recorded vote: John A. Johnston - Aye Robert N. Glenn - No James M. Neblett - No C. E. Boyd, Jr. - Aye James R. Neighbors - Aye Ira S. Crawford - Absent Mary Lou Copenhaver -Aye Glen K. Aust - Aye Mr. Brown advised this decision would be appealed to the Circuit Court STANDING COMMITTEES DISCUSSED and requested copy of the minutes of this meeting. There were no further comments from the public. Mayor Ratcliffe advised that next on the agenda was the consideration of reduction in the Standing Committees. Councilman Boyd advised that in his memorandum of June 26, 1984, he had made a recommendation that we reduce the committees from nine to four. His recommendation would be: Finance, Public Safety, Public Works and Personnel and Recreation. The purpose would be to give us a more efficient operation and even out the workload. Councilman Boyd further stated he would add Insurance to Finance Committee and also add Cost Reduction. He felt Council should look at Cost Reduction throughout the year rather than at budget time. By going to four committees, we could have two committees assigned to each Councilperson. He further stated he would like to see a specific day set aside for committee meetings. Councilman Aust stated he appreciated Mr. Boyd's efforts on his work, but felt the workload is distributed and felt they should be left as they are, having eight committees. Councilman Neblett concurred with Councilman Aust, but stated if there was a better method, we should try to change it to make it work better. Councilman Neighbors presented a proposal with eight committees with Council- persons serving on two committees, and two committees could meet at the same time. His recommendation: 1) Finance/Nominating, Public Relations, Cost Reduction, 2) Public Utilities/Pollution Sanitation, Street, 3) Public Safety/Ordinance, 4) Land & Building, Parks, Cemetery, Downtown/Recreation. Each committee would have a chairman, and there would be four meeting dates for the eight committees, with same Councilpersons serving on the two committees meeting at the same time. Councilman Neighbors stated he was not opposed to Mayor appointing committee members, and he had probably used the people in the best position they could be sitting in. We need to do the best job we can do in the least amount of time we could do it in. Council discussed these proposals at length. Councilman Aust made a motion that we leave our committees as they are seconded by Councilman Johnston. Councilman Boyd made a substitute motion that we reduce our committees to four. Motion did not receive a second. Councilman Aust's motion carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - No Ira S. Crawford - Absent James M. Neblett - Aye Mary Lou Copenhaver - No C. E. Body, Jr. - No Glen K. Aust - Aye Councilman Neighbors made a motion that Council study the possibility of tieing four Council people to two committees that could meet at the same time, seconded by Councilman Neblett. Mayor Ratcliffe advised the committees were temporary arrangement and could be changed, and a research of records from 1934 to 1948 the Mayor appointed the committees and the Council approved them. Beginning in 1948 to 1982, the Mayor July 17, 1984 ~"~`~' appointed the. committees. Motion carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Absent James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye The change in Council agenda was next discussed. Councilman Boyd made a motion we accept Mr. McKeever's recommendation on the agenda change with the addition of Executive Sessions, seconded by Councilman Glenn. Mr. McKeever advised the recommendation was to encourage people to register with the Clerk Thursday prior to Tuesday meeting if they wanted to speak, therefore, we could inform Council of proposed topics coming from the public. Anyone who wished to come in on the Tuesday meeting would be permitted to address the Council. Also, COUNCIL it was suggested that pending projects remain on the agenda. AGENDA John A. Johnston - Aye James R. Neighbors - Aye CHANGED Robert N. Glenn - Aye Ira S. Crawford - Absent James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye In discussing the appointment of Town/County Negotiating Committee, Councilman Neblett felt it appropriate to have the elected Mayor and appointed Town Manager to go with Committee. Councilman Glenn stated he felt it was most important for the Town, County county and Town of Dublin to start Navin a eneral meetin to discuss all to Negotiat- g g g pies of concern ing to all three jurisdictions. committee Councilman Aust moved that a committee of three be formed to meet with the County, seconded by Councilperson Copenhaver and carried. Councilman Boyd made a motion that Town Manager Mr. McKeever, Councilman Neighbors and Councilman Crawford be named to committee to meet with County, seconded by Councilman Glenn and carried. Mayor Ratcliffe called for Council Committee Reports. FINANCE COMMITTEE In the absence of Chairman Crawford, Councilman Johnston advised the Finance Committee had met. Town Treasurer, Mr. Cutlip, had requested a copier be placed on the first floor in Municipal Building at an estimated cost of $2,000. COPIER Councilman Johnston moved that $2,000 previously appropriated to Revenue Sharing FOR Account No. 106-7002.02, Furniture and Fixtures, be approved for expenditure, 1st Floor seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Absent James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye vehicle for Councilman Johnston advised a car was needed for the Engineering Department as ENGINEER. their vehicle is in very bad shape, and so moved that $7,500 previously appropriated to Revenue Account No. 106-7005.03, Motor Vehicle and Equipment, be approved for expenditure, seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Absent James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Councilman Johnston advised that year to date receipts from parking meters from the Washington Avenue lot amounted to approximately $700. from nine parking meters REMOVAL OF and 14 spaces. Several businesses in area have requested removal of these parking PARKING METERS meters. Councilman Johnston further advised there were violators of the two-hour WASHINGTON parking limit and this matter was under study. AVE. LOT Mr. McKeever advised there was no objections of removing meters from the bank. Councilman Johnston made a motion that the Town Manager be directed to take the necessary steps to remove the parking meters from the Washington Avenue lot if there ~s; ~ ® July 17 , 1984 RESOLUTION ADOPTED VA. PROC. ACT/ AMENDMENT are no objections from the bank, seconded by Councilman Neblett and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Absent James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye Councilman Johnston advised that Mr. McKeever had received a questionnaire from Virginia Municipal League wanted to know should the local option l~ sales tax be distributed to Towns and Counties based on point of collection instead of the current formula for a ration of school age population and Mr. McKeever's answer would be yes. UTILITY COMMITTEE Chairman Johnston advised that Peppers Ferry had picked an auditing firm to audit the books and at their meeting change orders were discussed and would be forthcoming. Also, Chairman Johnston, Mayor Ratcliffe and Mr. McKeever would meet with John Olver on Wednesday regarding the User Agreement. POLLUTION AND SANITATION Chairman Glenn had no report. ORDINANCE COMMITTEE Chairman Neblett advised we had a resolution that was adopted in March, 1983, concerning the Public Procurement Act that needed to be changed. Mr. Terwilliger explained the resolution and amendment made to add competitive negotiations, along with competitive bidding. Councilman Neighbors made a motion to adopt resolution as presented, seconded by Councilman Boyd and carried on the following recorded vote: John A. Johnston - Aye James R. Neighbors - Aye Robert N. Glenn - Aye Ira S. Crawford - Absent James M. Neblett - Aye Mary Lou Copenhaver -Aye C. E. Boyd, Jr. - Aye Glen K. Aust - Aye RESOLUTION WHEREAS, by a Resolution adopted the 15th day of March, 1983, the Town of Pulaski, Virginia, in accordance with the Virginia Public Procurement Act, as set out in Title 11 of the Code of Virginia of 1950, as amended, did establish guidelines and procedures for purchases of materials and services; and, WHEREAS, said Ordinance is ambiguous as to whether or not the valuable tool of competitive negotiation may be used by the Town and the Town Manager in procuring goods and services; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Pulaski, Virginia, sitting in regular session on July 17, 1984, that the aforesaid Resolution of March 15, 1983, be and hereby is, amended in Paragraphs 3.(a) and 3.(b) to clarify that the Town Manager is allowed to make use of competitive negotiation as described in the aforesaid Chapter 11 of the 1950 Code of Virginia, as amended. The paragraphs are amended to read as follows: 3. Purchases and Contracts over $10,000.00 (a) All purchases of supplies, materials, equipment, or contractual services that exceed the sum of $10,000 shall be made on the basis of competitive sealed bidding, or competitive negotiation. (b) The Town Manager may require competitive sealed bidding or compe- titive negotiation on purchases between $300 and $10,000, if it is in the best interest of the Town. The remainder of said Resolution shall remain in full force and effect, except as herein amended. This Resolution is effective upon adoption. Adopted this 17th day of July, 1984. July 17, 1984 - M ~`~s~~'1 Mayor Ratcliffe advised the proposed peddlers ordinance was in the Ordinance Committee. LAND AND BUILDING COMMITTEE Chairman Boyd had no report. RECREATION COMMITTEE Chairman Neighbors advised that Mr. Miller, Director of Recreation, reported to work on Monday and he is looking forward to working with Mr. Miller. Mr. McKeever advised that Mr. Miller had written to Recreation Commission members asking them to meet with him this month. STREET COMMITTEE Chairperson Copenhaver had no report. PUBLIC SAFETY Chairman Aust had no report. REPORT OF MAYOR Mayor Ratcliffe advised that on the list of Standing Committees distributed at last meeting, Personnel had been left off listing. This was an oversight and corrected listing was distributed. Mayor Ratcliffe stated he had spent Friday and Saturday in Charlottesville with the Virginia Municipal League and distributed literature to Council. TOWN ATTORNEY Mr. Terwilliger read resolution appointing viewers to report to Council regarding the application by Mrs. Wysor and Mrs. Glenn closing an access road near 12th Street and Northwood Avenue. Councilman Boyd moved that resolution be adopted appointing viewers, seconded by Councilman Neblett and carried. Councilman Glenn abstained from voting on this issue. A RESOLUTION APPOINTING VIEWERS PURSUANT TO SECTION 15.1-364 of THE 1950 CODE OF VIRGINIA TO MAKE A REPORT TO THE TOWN COUNCIL REGARDING AN APPLICATION BY JANE D. WYSOR AND HELEN G. GLENN TO CLOSE AN ACCESS ROAD NEAR TWELFTH STREET, NORTHWOOD AREA, IN THE TOWN OF PULASKI, VIRGINIA WHEREAS, an application has beep. received from Jane D. Wysor and Helen D. Glenn for the closure and abandonment of an access road near Twelfth Street, Northwood area, in the Town of Pulaski, Virginia, pursuant to Section 15.1-364 of the 1950 Code of Virginia, as amended; and, WHEREAS, the Town Council desires further information prior to reaching any decision on said application; NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Pulaski, sitting in regular session on July 17, 1984, that viewers be appointed pursuant to said Code Section to view said access road and report in writing to the Town Council whether in their opinion any, and if any, what inconvenience would result from discontinuing said access road. The viewers hereby appointed, subject to their acceptance, are JAMES GEMMELL, WARREN J. BAIN AND DANIEL C. BELL. In the event that any of these viewers are unable to serve, Dennis Turman shall be so appointed, subject to his acceptance. A fee of fifty dollars ($50.00) shall be paid for each viewer who serves, to be paid by the applicants, Jane D. Wysor and Helen D. Glenn. This resolution shall be effective upon its adoption. Adopted this 17th day of July, 1984. TOWN MANAGER Mr. McKeever advised that in reviewing the Code with Mr. Terwilliger, there are several codes that we need to look at very carefully and possibly rewrite Some of the sections. He further stated he thought it proper for Town Attorney, Town Manager, Councilman Neblett and the Ordinance Committee to begin looking at some 1 ~ d 2 July 17, 1984 sections-and preparing ordinances or amendments to ordinances and submit them to the Ordinance Committee for review and then brought to full Council for review. Mr. McKeever stated the Planning Commission consists of seven members; five citizens, one Councilmember and the Town Manager. The Town Engineer serves as Staff liaison to the Commission and provides the Commission with technical TOWN MGR. data to assist them in making a decision. This can create a problem for the Town REMOVED FROM Manager and Mr. McKeever felt the information coming from the Town Manager's PLANNING COMMISSION Office should be unbiased and objective so Council could make the best decision AT HIS and as a voting member of the Planning Commission this can sometimes cause REQUEST some question as to whether he is giving Council the best information available. Mr. McKeever respectively requested that Council consider removing the Town Manager as a member of the Planning Commission and replacing him with another citizen. OFFICE SPACE TO BE MADE VAILABLE PULASKI CLEAN COMMUNITY SYSTEM Councilman Boyd moved. that Town Manager be removed from Town Planning Commission, seconded by Councilperson Copenhaver, and carried. Mr. McKeever stated that the Pulaski Clean Community System had previously been before Council requesting someone to serve as liaison with Mr. Maxwell in trying to solve problem in Town and County. A grant has been applied for to deal with the litter problem. Mr. McKeever further stated he had met with the Clean Community System committee members and they need a coordinated area to meet and work out of; and they have requested space in the Municipal Building for a few hours a day. Space is available when the auditors are not working. Councilman Neblett moved that office space be made available to Pulaski Clean Community System until further notice by Council, seconded by Councilman Glenn and carried. Mayor Ratcliffe stated we had previously discussed a type of museum in the MUSEUM IN MUNICIPAL BUILDING Municipal Building and several citizens have contributed paintings, etc. to go in this museum. He further stated that possibly we might start this in order to have ready by October 20, Count Pulaski Day. Mayor Ratcliffe advised there were funds left over from travel expense from last year that could possibly be used. Councilman Johnston made a motion that this be referred to the Finance Committee, seconded by Councilman Boyd, and carried. At 8:49 p.m., Councilman Neblett made a motion to adjourn, seconded by Councilman Boyd, and carried. ATTEST: Clerk of Council APPROVED: _, a or